#THE LEGAL REPRESENTATIVES’ SUITS ACT, 1855 
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##ARRANGEMENT OF SECTIONS
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Preamble. 

SECTIONS  

1. Executors  may  sue  and  be  sued  in  certain  cases  for  wrongs  committed  in  lifetime 
of deceased.

2. Death of either party not to abate suit. Proviso.



#THE LEGAL REPRESENTATIVES’ SUITS ACT, 1855 [^1]

ACT NO. 12 OF 1855

An Act to enable Executors,  Administrators  or  Representatives  to  sue  and  be  sued  for  certain 
wrongs.

[27th March, 1855.]

**Preamble.**—WHEREAS  it  is  expedient  to  enable  executors,  administrators  or  representatives  in 
certain cases to sue and be sued in respect of certain wrongs which, according to the present law, do not 
survive to or against such executors, administrators or representatives; It is enacted as follows:—

1. **Executors  may  sue  and  be  sued  in  certain  cases  for  wrongs  committed  in  lifetime  of 
deceased.**—An  action  may  be  maintained  by  the  executors,  administrators  or  representatives 
of  any  person  deceased,  for  any  wrong  committed  in  the  time  of  such  person,  which  has 
occasioned  pecuniary  loss  to  his  estate,  for  which  wrong  an  action  might  have  been 
maintained  by  such  person,  so  as  such  wrong  shall  have  been  committed  within  one  year 
before his death ; and the damages,  when recovered, shall be part of the personal estate 
of such person;

and further, an action may be maintained against the executors or administrators or heirs 
or  representatives  of  any  person  deceased  for  any  wrong  committed  by  him  in  his  lifetime 
for  which  he  would  have  been  subject  to  an  action,  so  as  such  wrong  shall  have 
beencommitted  within  one  year  before  such  person’s  death and the  damages to 
be recovered in such action shall, if recovered against an executor or administrator bound to administer 
according to the English law, be payable in like order of administration as the simple contract debts of 
such person. 

 

###STATE AMENDMENTS

**Karnataka**

**Amendment of Central Act XII of 1855.**—Section 1 of the Legal Representatives’ Suits Act, 
1855 (Central Act XII of 1855) shall be renumbered  as section 1A and before the section 1A 
as so renumbered, the following section shall be inserted, namely:—

“1. **Short title and extent.**—This Act may be called the Legal Representatives’ Suits Act, 
1855.

(2) It extends to the whole of the State of Karnataka”.

[Vide Karnataka 33 of 1978, s. 4].

2. **Death  of  either  party  not  to  abate  suit. Proviso.** —No  action  commenced  under  the 
provisions  of this  Act  shall  abate  by  reason  of  the  death  of  either  party,  but  the  same  may  be 
continued by or against the executors, administrators or representatives of the party deceased: 
Provided  that,  in  any  case  in  which  any  such  action  shall  be  continued  against  the  executors,  
administrators  or  representatives  of  a  deceased  party,  such  executors,  administrators  or  re -
presentatives may set up a want of assets as a defence to the action, either wholly or in part, in 
the same manner as if the action had been originally commenced  against them.




[^1]. Short title given by the Indian Short Titles Act, 1897 (14 of 1897).  

This Act has been declared to be in force in the whole of India, except Part BStates and the Scheduled Districts, by the 
Laws Local Extent Act, 1874 (15 of 1874), s. 3. 

The  Act  has  been  extended  to  and  brought  into  force  in  Dadra  and  Nagar  Haveli  by  Reg.  6  of  1963,  s.  2 andthe 
First  Schedule  (w.e.f.  1-7-1965)  and  to  the  (Union  Territory  of  Pondicherry  by  Act  26  of  1968,  s.  3,  and 
Schedule. 

The Act came into force in the State of Sikkim on 1-9-1984 vide Notifn. No. S. O. 653(E), dt. 24-8-1984. 

It has also been declared in force in the Khondmals District by the Khondmals Laws Regulation, 1936 (4 of 
1936), s. 3 and the  Schedule.; in the Angul District by the Angul Laws Regulation, 1936 (5 of 1936), s. 3 and 
Sch.; and in the SonthalParganas by the SonthalParganas Settlement Regulation, 1872 (3 of 1872), s. 3.  

It has been declared, by notification under s. 3(a)of the Scheduled Districts Act, 1874 (14 of 1874), to be in force in the 
following Scheduled Districts, namely:— 

West Jalpaiguri 		See Gazette of India, 		1881, Pt. I, p. 74. 

	The Districts-of Hazaribagh, 

Lohardaga(now the Ranchi  

Disrtict, see Calcutta Gazette, 1899, Pt. I, p. 
44),  and  Manbhum,  and  ParganaDhalbhum 
and the Kolhan in the District of 

Singbhum . . . . 		Ditto 			1881, Pt. I, p. 504.

The Scheduled portion of 

TheMirzapur District 			Ditto 			1879, Pt. I, p. 383. 

	JaunsarBawar 				Ditto 			1879, Pt. I, p. 382. 

	The District of Lahaul 		Ditto 			1886, Pt. I, p. 301. 

	The Scheduled Districts of 	Ditto 			

the Madhya Pradesh 			Ditto 			1879, Pt. I, p. 771. 

The Scheduled Districts inGanjam and Vizagapatam 	Ditto 1898, Pt. I, p. 870. 

Assam (except the NorthLushai Hills) 		Ditto 	1897, Pt. I, p. 299. 

The Porahat Estate in theSingbhum District 	Ditto 	1897, Pt. I, p. 1059.

It  has  been  extended,  by  notification  under  s.  5  of  the  last-mentioned  Act,  to  the  following  Scheduled  Districts, 
namely:— 

  Kumaon and Garhwal 			See Gazette of India, 	1876, Pt. I, p. 606. 

  TheTarai of the Province of Agra 	Ditto 				1876, Pt. I, p. 505. 

It has been extended to the New Provinces and Merged States,see Act 59 of 1949, and to the States of Tripura, Manipur 
and Vindhya Pradesh, see Act 30 of 1950.